STATE, DEPT. OF HEALTH & REHAB. SERVICES v. RYAN

No. PP-312.

381 So.2d 269 (1980)

STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellant/Cross-Appellee, v. Vincent L. RYAN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied March 27, 1980.


Attorney(s) appearing for the Case

Walter E. Beisler, West Palm Beach, of Anthony J. Beisler, P.A., Fort Lauderdale, for appellant/cross-appellee.

Micheal A. Edwards of Law Office of Charles L. Rowe, West Palm Beach, for appellee/cross-appellant.


PER CURIAM.

The order of the deputy commissioner is affirmed except with regard to the computation of average weekly wage. The deputy incorrectly included in his formula the state's contribution to a retirement fund for the benefit of the claimant. The claimant has not completed 10 years of service and is not qualified for regular retirement. The employer's contribution, at most, entitled the claimant to be eligible for...

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